Akhilesh Kumar Gupta @ Akhilesh Kr. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5839 of 2024 ====================================================== Akhilesh Kumar Gupta @ Akhilesh Kr. Gupta Son of Ram Ratan Prashad Gupta @ Ram Ratan Sao Resident of Village- Khadiha, P.O.- Nisarpura, Police Station- Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Bihar Land Reforms, Government of Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The Circle Officer, Phulwarisharif, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 31-07-2026 Heard learned counsel for the petitioner and the learned counsel for the State.

2. The present writ petition has been filed for quashing notice dated 06.03.2024 issued by the Circle Officer, Phulwarisharif, Patna directing the petitioner to remove the encroachment in question.

3. The counsel for the petitioner clearly submits that since the proceeding has been dropped, no cause of action survives.

4. The learned counsel for the State supports the contention advanced by the counsel for the petitioner and submits that a categorical statement has been made in paragraph

Patna High Court CWJC No.5839 of 2024(4) dt.31-07-2026 2/2 19 of the counter-affidavit to the effect that, on account of the ad- interim injunction, the encroachment proceeding against the petitioner has been dropped.

5. Having heard the parties, I am of the considered view that since the proceeding has been dropped against the petitioner, the petitioner has no cause of action.

6. As such, this writ petition stands dismissed. (Alok Kumar, J) Bipin/- U